APHC010128092025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] THURSDAY, THE THIRTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 6488/2025 Between: 1. V.LAKSHMI DEVI,, W/O.V.RAJA REDDY, AGED ABOUT 45 YEARS, OCC- HOUSEWIFE, R/O.D.NO.I-1135-7G-F2, ADAPALA STREET, KADIRI TOWN, SRI SATHYA SAI DISTRICT. 2. K.LALITHA,, W/O. K.CHINNA REDDY, AGED ABOUT 52 YEARS, OCC- HOUSEWIFE, R/O. H.NO. 15/268/2, CHINTA MANU VEEDHI, KADIRI FOWN, SRI SATHYA SAI DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP., BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI. 2. THE COMMISSIONER AND DIRECTOR OF MUNICIPAL ADMINISTRATION, THE GOVERNMENT OF ANDHRA PRADESH, OFFICE AT PRIME HILL CREST, 4TH FLOOR, NEAR DGP OFFICE, BESIDE ULTRATECH READY MIX PLANT, VADDESWARAM VILLAGE, MANGALAGIRI, ANDHRA PRADESH. 3. THE DISTRICT COLLECTOR, SRI SATHYA SAI DISTRICT, PUTTAPARTHY. 4. THE JOINT COLLECTOR, SRI SATHYA SAI DISTRICT, KADIRI. 5. THE KADIRI MUNICIPALITY, REP., BY ITS COMMISSIONER, KADIRI. 2 6. THE MUNICIPAL ENGINEER, THE KADIRI MUNICIPALITY, KADIRI ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to may be pleased to issue an appropriate writ order or direction more particularly one in nature of Writ of Mandamus declaring the action on part of the respondents No.5 and 6 in destroying the basement laid by us and now interfering with our peaceful possession and enjoyment in house site in an extent of Ac.0.03 cents each in Plot No. 18 and 15 in Sy.No.206 of Sydapuram Village, Kadiri Mandal, Sri Sathya Sai District by starting to undertake construction on the same, even though the appeals for legalization are pending consideration before the respondent No.4, illegal, colorable exercise of power apart from being violative of the Fundamental and Constitutional Rights guaranteed to us under Articles 14, 19, 21 and 3 00-A of the Constitution of India and consequently direct the respondents No.5 and 6 not to interfere with our peaceful possession and enjoyment in house site in an extent of Ac.0.03 cents each in Plot No. 18 and 15 in Sy.No.206 of Sydapuram Village, Kadiri Mandal, Sri Sathya Sai District and also pay the compensation for the basements destroyed in the same and pass IA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased may be pleased to direct the respondents No.5 and 6 not to not to interfere with our peaceful possession and enjoyment in house site in an extent of Ac.0.03 cents each in Plot No. 18 and 15 in Sy.No.206 of Sydapuram Village, Kadiri Mandal, Sri Sathya Sai District or carry out any further construction in the same. pending finalization of the appeals filed by us before the respondent No.4, pending disposal of the above Writ Petition and pass Counsel for the Petitioner(S): 1. B.ABHAY SIDDHANTH MOOTHA Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following: 3 ::ORDER:: Heard Sri B.Abhay Siddhanth, learned counsel for the petitioner, Ms Shaheen Khan, learned Assistant Government Pleader for Municipal Administration and Urban Development appeared for respondents 1 and 2; Ms Sandhya Rani, learned Assistant Government Pleader for Revenue appeared for respondents 3 and 4 and Ms Sireesha Rani, learned Standing counsel appeared for respondents 5 and 6. 2. The petitioners, filed the above writ petition to declare the action of respondents 5 and 6 in destroying the basement laid by them and interfering with the peaceful possession and enjoyment of house site in an extent of Ac.0.03 cents each in Plot No.18 and 15 in Sy.No.206 of Sydapuram Village, Kadiri Mandal, Sri Sathya Sai District, pending appeals for regularization on the file of the 4th respondent, as illegal and arbitrary. 3. The land in an extent of Ac.0.81 cents in Sy.No.206 of Sydapuram Village, Kadiri Mandal, Sri Sathya Sai District, was assigned in favour of Jampala Narasimhulu vide D.Form in DAR.Dis.No.2648/88, dated 08.06.1979. The said Jampala Narasimhulu surrendered the land assigned to the 1st respondent and thereafter, the then Tahsildar assigned house sites to the petitioners and others. The petitioners were allotted Plot Nos.18 and 15 in extent of Ac.0.03 cents each. Thereafter, the 3rd respondent resumed the lands vide proceedings Rc.No.E2/4426/20209 and cancelled the house site pattas granted in favour of the petitioners. The petitioners made application vide G.O.Ms.No.166, Revenue (Assn-POT) Department, dated 16.02.2008, seeking regularization. A detailed survey was conducted by 5th respondent. When RDO, Kadiri and Tahsildhar, Kadiri interfered with the possession of the petitioners, the petitioners filed W.P.No.22310 of 2014. The said writ petition was disposed of on 15.09.2014. 4. Thereafter, the G.O.Ms.No.166, Revenue (Assn-POT) Department, dated 16.02.2008 was withdrawn. G.O.Ms.No.388 Revenue (ASSGN.I) 4 Department dated 24.08.2017, is in operation. Petitioners made representations to regularize the subject lands on payment of market value. The 3rd respondent call for report from the Tahsildar and the Tahsildar in turn submitted report to the 3rd respondent vide Rc.No.451/2006/A, dated 10.02.2018. 5. The Revenue Divisional Officer, Kadiri vide Rc.No.33/2006/A, dated 03.01.2019 recommending for regularization on payment of market value. The CCLA submitted report to the Special Chief Secretary to Government, Revenue vide CCLA’s Ref.Assn.III(2)/984/2011, dated 01.09.2019. 6. Be that as it may, Government issued G.O.Ms.No.463 Revenue (Assignment-I) Department, dated 06.11.2019, framing a scheme for regularization of encroachments up to 300 Sq.yards both BPL and APL families. The 1st respondent issued memo dated 04.12.2019 directing the 3rd respondent to reconsider the issue of regularization. 7. The Revenue Divisional Officer, Kadiri rejected the applications for regularization vide Rc.No.33/2018/A, dated 13.02.2020. Against the said order petitioners filed appeal under Clause-16 of G.O.Ms.No.463 Revenue (Assignment-I) Department, dated 06.11.2019 on 20.06.2020 to the 4th respondent-Joint Collector. The appeal is pending for consideration. A notice vide Rc.No.Lands-1/2816/2020, dated 20.01.2025 issued by the Office of the Joint Collector indicated dated of hearing on 25.01.2025. 8. The learned counsel for the petitioner would submit that the appeal is still pending. Petitioners filed another W.P.No.14547 of 2020 when the Revenue officials trying to disposes. The said writ petition was disposed of directing the appellate authority to dispose of the appeal, but the appeal is not disposed so far. 7. As discussed stood thus, respondents 5 and 6 demolished the basement and leveling the land. Learned Assistant Government Pleader for Revenue submitted instructions of Commissioner, Kadiri Municipality-5th 5 respondent. A perusal of the instructions would disclose that on the request of the public in the locality, since the vacant land was vexed with unuseful lands the instructions reads as follows: “Further, it is to submit that, on the request of the public of the above said locality, the vacant land in survey no.206 has flooded with unuseful plants, largely due to the presence of hazardous insects. As a result, snakes and other dangerous animals have started to invade the space, posing a significant safety risk to the community. In response to this growing concern, the municipality has taken necessary steps for jungle clearance of the land by removing unuseful plants and other waste material. This proactive measure aims to eliminate the overgrown plants, reduce the presence of harmful insects, and create a safer environment for residents.” 8. Thus, the instructions would indicate except cleaning the unuseful plants, the respondents 5 and 6 are not making any constructions or the land. 9. Given the facts and circumstances of the case, without touching the merits of the matter, the writ petition is disposed of, at the admission stage with the consent of both the learned counsel directing the learned respondents 5 and 6 not to make any development activities without following due process of law. There shall be no order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date: 13.03.2025 SNI 6 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 6488 of 2025 Date: 13.03.2025 SNI